HomeMy WebLinkAbout10/22/2013MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, OCTOBER 22, 2013 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
Joseph E. Flescher, Chairman
Wesley S. Davis, Vice Chairman
Peter D. O'Bryan
Bob Solari
Tim Zorc
District 2
District 1
District 4
District 5
District 3
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk to the Board
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Commissioner Wesley S. Davis, Vice Chairman
Commissioner Tim Zorc
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Celebrating the Garden Club of Indian River
County 85th Anniversary
PAGE
1
B. Presentation by Wanda Scott, Gifford Business Alliance Association,
Recognizing Women in Law Enforcement
October 22, 2013
BK 144 PG 468
Page 1 of 7
5. PROCLAMATIONS and PRESENTATIONS
C. Presentation by Crystal Bujol on Gifford Youth Orchestra
D. Presentation by Helene Caseltine, Economic Development Director, Indian
River County Chamber of Commerce on Website Launched to Attract
Business
PAGE
2-3
6. APPROVAL OF MINUTES
A. September 11, 2013 Preliminary Budget Hearing
B. September 17, 2013
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
8. CONSENT AGENDA
A. Approval of Warrants — October 4, 2013 to October 10, 2013
(memorandum dated October 10, 2013)
4-12
B. Resolutions Cancelling Taxes on Properties Purchased by Indian River
County for Right -of -Way
(memorandum dated October 15, 2013)
13-47
C. Approval of Bid Award for IRC Bid No. 2014013 Annual Bid for Sulfuric
Acid
(memorandum dated October 11, 2013)
48-53
D. Consideration of Revised Federal Highway Administration Urban Boundary
and Roadway Functional Classification Map
(memorandum dated October 14, 2013)
54-56
E. F.D.O.T. Small County Outreach Program (SCOP) Agreement —
Amendment No. 1 and Resolution Authorizing the Chairman's Signature
Construction (Reconstruction) of CR512 Eastbound Lanes Only from
Roseland Road to Easy Street FM No. 427572-1-58-01 IRC Project No.
1132
(memorandum dated October 1, 2013)
57-62
BK 44 PG 469
October 22, 2013 Page 2 of 7
8. CONSENT AGENDA PAGE
F. Work Order No. 3 Coastal Planning and Engineering, Inc. Indian River
County Beach Preservation Plan — 2014 Update
(memorandum dated October 14, 2013) 63-77
G. Approval of Bid Award for IRC Bid No. 2013048 Annual Bid for Lawn
Maintenance and Pressure Cleaning
(memorandum dated October 15, 2013)
78-86
H. Ratification of Change Order to Purchase Order 68362 — Sandridge Golf
Course, Lakes #2 Course Drainage Repairs
(memorandum dated October 14, 2013)
87-91
I. Right -of -Way Acquisition: 5250, 5300, and 5290 85th Street, Sebastian, Fl,
Seller: 510 Industrial Park, Inc.
(memorandum dated September 30, 2013)
92-125
J. Approval of Amendment No. 1 to DEP Agreement No. G0353 for the PC
South Nutrient Recovery Facility
(memorandum dated October 14, 2013)
126-147
K. Right of Way Acquisition, 5170/5182 85th Street, Sebastian, Fl 32958,
Seller: Jada W. Plante
(memorandum dated September 30, 2013)
148-157
L. Award of RFP No. 2013022 for Administration, BCC Office and Mailroom
Copier Replacement
(memorandum dated October 14, 2013)
158-170
M. Award of Bid No. 2014003 Historic Dodgertown (fka Vero Beach Sports
Village) Room Renovations IRC Project No. 1341
(memorandum dated October 9, 2013)
171-184
N. Request for Board Approval of a Grant Award Agreement with the State
Division of Historical Resources for Design and Permitting of Restoration of
the Archie Smith Fish House
(memorandum dated October 15, 2013)
185-217
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
October 22, 2013
BK 144 PG 470
Page 3 of 7
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Electronic Nicotine Delivery Devices (Electronic Cigarettes or
E -Cigarettes) Ordinance
(memorandum dated October 10, 2013)
Legislative
B. PUBLIC DISCUSSION ITEMS
None
PAGE
218-222
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearings November 5, 2013:
(memorandum dated October 11, 2013) 223-224
a. Grand Harbor North and Others' Request to approve a Small
Scale Land Use Map Amendment to Redesignate 11.79
acres from L-1 to C/I and simultaneously Redesignate ±1.79
acres from C/I to L-1; and Request to Rezone ±439.01 acres
from PD to RS -3, RM -3, CG, and Con -2
(Quasi -Judicial and Legislative)
b. Carter Associates, Inc.'s Request for Planned Development
(PD) Special Exception Use and Preliminary PD Plan/Plat
Approval for a Project to be Known as The Reserve at Grand
Harbor
(Quasi -Judicial)
11. COUNTY ADMINISTRATOR MATTERS
A. Request for Executive Session — October 22, 2013, time certain of 10:30
a.m.
(memorandum dated October 14, 2013)
12. DEPARTMENTAL MATTERS
A.
B.
225
Community Development
1. Condemnation, Demolition and Removal of Unsafe Structures
(memorandum dated September 26, 2013) 226-240
Emergency Services
None
BK 144 PG 471
October 22, 2013 Page 4 of 7
12. DEPARTMENTAL MATTERS PAGE
C.
D.
E.
F.
G.
H.
I.
J.
General Services
None
Human Resources
None
Human Services
None
Leisure Services
None
Office of Management and Budget
None
Recreation
None
Public Works
1. Telephone System Upgrade — Proposal for NEC PBX Systems
Upgrade and Approval of NEC Corporation of America (NEC) as
Sole Source Provider
(memorandum dated October 14, 2013)
241-287
Utilities Services
None
13. COUNTY ATTORNEY MATTERS
A. Intervention in Pending Administrative Hearing Cases Against the Florida
Department of Juvenile Justice
(memorandum dated October 15, 2013)
288-290
14. COMMISSIONERS ITEMS
A.
Commissioner Joseph E. Flescher, Chairman
None
BK 144 PG 472
October 22, 2013 Page 5 of 7
14. COMMISSIONERS ITEMS
B.
C.
D.
E.
Commissioner Wesley S. Davis, Vice Chairman
None
Commissioner Peter D. O'Bryan
1. Non -Ad Valorem Assessments for Code Enforcement Abatement
Actions
(memorandum dated October 15, 2013)
PAGE
291-296
2. Update on Commissioner Solari's Request for Placement on the
Treasure Coast Regional Planning Council's Agenda
(memorandum dated October 16, 2013)
Commissioner Bob Solari
None
297
Commissioner Tim Zorc
1. Economic Development — Long Term Strategic Plan
(memorandum dated October 11, 2013) 298-300
2. Discussion on the Indian River Lagoon
(memorandum dated October 16, 2013) 301
15. SPECIAL DISTRICTS AND BOARDS
A.
B.
C.
Emergency Services District
None
Solid Waste Disposal District
None
Environmental Control Board
1. Approval of Minutes — Meeting of February 12, 2013
2. Report of Activities for Second Quarter FY 12/13 (January through
March, 2013)
(memorandum dated October 1, 2013)
302-304
6K 144 PG 473
October 22, 2013 Page 6 of 7
15. SPECIAL DISTRICTS AND BOARDS PAGE
C.
Environmental Control Board
3. Report of Activities for Third Quarter FY 12/13 (April through
June, 2013)
(memorandum dated October 10, 2013)
305-307
16. ADJOURNMENT
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, and the North County Library.
Commission Meeting may be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5:00 p.m.
October 22, 2013
BK 144 PG 474
Page 7 of 7
JEFFREY R. SMITH
Clerk to the Board
/ vE4h
v.ro
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OCTOBER 22, 2013
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION CELEBRATING THE GARDEN CLUB OF
INDIAN RIVER COUNTY 85THANNIVERSARY 2
5.B. PRESENTATION BY WANDA SCOTT, GIFFORD BUSINESS ALLIANCE
ASSOCIATION, RECOGNIZING WOMEN IN LAW ENFORCEMENT - RESCHEDULED 2
5.C. PRESENTATION BY CRYSTAL BUJOL ON GIFFORD YOUTH ORCHESTRA 3
5.D. PRESENTATION BY HELENE CASELTINE, ECONOMIC DEVELOPMENT DIRECTOR,
INDIAN RIVER COUNTY CHAMBER OF COMMERCE ON WEBSITE LAUNCHED TO
ATTRACT BUSINESS - DELETED 3
6. APPROVAL OF MINUTES 3
October 22, 2013 1
RR 11414 PG 475
6.A. PRELIMINARY BUDGET HEARING OF SEPTEMBER 11, 2013 3
6.B. MEETING OF SEPTEMBER 17, 2013 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION - NONE 4
8. CONSENT AGENDA 4
8. A. APPROVAL OF WARRANTS - OCTOBER 4, 2013 TO OCTOBER 10, 2013 4
8.B. RESOLUTIONS CANCELLING TAXES ON PROPERTIES PURCHASED BY INDIAN
RIVER COUNTY FOR RIGHT-OF-WAY 4
8.C. APPROVAL OF BID AWARD FOR IRC BID No. 2014013 ANNUAL BID FOR
SULFURIC ACID 5
8.D. CONSIDERATION OF REVISED FEDERAL HIGHWAY ADMINISTRATION URBAN
BOUNDARY AND ROADWAY FUNCTIONAL CLASSIFICATION MAP 6
8.E. F.D.O.T. (FLORIDA DEPARTMENT OF TRANSPORTATION) SMALL COUNTY
OUTREACH PROGRAM (SCOP) AGREEMENT - AMENDMENT NO. 1 AND
RESOLUTION AUTHORIZING THE CHAIRMAN'S SIGNATURE CONSTRUCTION
(RECONSTRUCTION) OF CR512 EASTBOUND LANES ONLY FROM ROSELAND
ROAD TO EASY STREET FM No. 42752-1-58-01 IRC PROJECT No. 1132 6
8.F. WORK ORDER No. 3 COASTAL PLANNING AND ENGINEERING, INC. INDIAN
RIVER COUNTY BEACH PRESERVATION PLAN - 2014 UPDATE 7
8.G. APPROVAL OF BID AWARD FOR IRC BID No. 2013048 ANNUAL BID FOR LAWN
MAINTENANCE AND PRESSURE CLEANING 7
8.H. RATIFICATION OF CHANGE ORDER TO PURCHASE ORDER 68362 - SANDRIDGE
GOLF COURSE, LAKES #2 COURSE DRAINAGE REPAIRS 8
8.I. RIGHT-OF-WAY ACQUISITION: 5250, 5300, AND 5290 85TH STREET, SEBASTIAN,
FL, SELLER: 510 INDUSTRIAL PARK, INC. 8
8.J. APPROVAL OF AMENDMENT NO. 1 TO DEP AGREEMENT NO. G0353 FOR THE PC
SOUTH NUTRIENT RECOVERY FACILITY 9
8.K. RIGHT-OF-WAY ACQUISITION, 5170/5182 85TH STREET, SEBASTIAN, FL 32958,
SELLER: JADA W. PLANTE 9
8.L. AWARD OF RFP No. 2013022 FOR ADMINISTRATION, BCC OFFICE AND
MAILROOM COPIER REPLACEMENT 10
October 22, 2013 2
BKI44PG476
8.M. AWARD OF BID No. 2014003 HISTORIC DODGERTOWN (FKA VERO BEACH
SPORTS VILLAGE) ROOM RENOVATIONS IRC PROJECT NO 1341 10
8.N. REQUEST FOR BOARD APPROVAL OF A GRANT AWARD AGREEMENT WITH THE
STATE DIVISION OF HISTORICAL RESOURCES FOR DESIGN AND PERMITTING OF
RESTORATION OF THE ARCHIE SMITH FISH HOUSE 11
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 11
10. PUBLIC ITEMS 11
10.A. PUBLIC HEARING 11
10.A.1. ELECTRONIC NICOTINE DELIVERY DEVICES (ELECTRONIC CIGARETTES OR E -
CIGARETTES) ORDINANCE (LEGISLATIVE) 12
10.B. PUBLIC DISCUSSION ITEMS - NONE 13
10.C. PUBLIC NOTICE ITEMS 13
10.C.1.A. Notice of Schedule Public Hearing November 5, 2013 Grand Harbor
North and Others' Request to approve a Small Scale Land Use Map Amendment to
Redesignate ±1.79 acres from L-1 to C/I and Simultaneously Redesignate ±1.79
acres from C/I to L-1; and Request to Rezone ±439.01 acres from PD to RS -3, RM -
3, CG, and Con -2 13
(Quasi -Judicial and Legislative) 13
10.C.1.B. Carter Associates, Inc.'s Request for Planned Development (PD)
Special Exception Use and Preliminary PD Plan/Plat Approval for a Project to be
Known as The Reserve at Grand Harbor (Quasi -Judicial) 14
11. COUNTY ADMINISTRATOR MATTERS 14
11.A. REQUEST FOR EXECUTIVE SESSION - OCTOBER 22, 2013, TIME CERTAIN OF
10:30 A.M. 14
12. DEPARTMENTAL MATTERS 14
12.A. COMMUNITY DEVELOPMENT 14
12.A.1. CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES 15
12.B. EMERGENCY SERVICES - NONE 16
12.C. GENERAL SERVICES - NONE 16
October 22, 2013 3
BK 144 PG 477
12.D. HUMAN RESOURCES - NONE 16 �•►
12.E. HUMAN SERVICES - NONE 16
12.F. LEISURE SERVICES - NONE 16
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 16
12.H. RECREATION - NONE 16
12.I. PUBLIC WORKS 16
12.1.1. TELEPHONE SYSTEM UPGRADE - PROPOSAL FOR NEC PRIVATE BRANCH
EXCHANGE (PBX) SYSTEMS UPGRADE AND APPROVAL OF NEC CORPORATION
OF AMERICA (NEC) AS SOLE SOURCE PROVIDER 16
12.J. UTILITIES SERVICES - NONE 17
13. COUNTY ATTORNEY MATTERS 17
13.A. INTERVENTION IN PENDING ADMINISTRATIVE HEARING CASES AGAINST THE
FLORIDA DEPARTMENT OF JUVENILE JUSTICE 17
14. COMMISSIONER ITEMS 18
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN - NONE 18
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 18
14.C. COMMISSIONER PETER D. O'BRYAN 18
14.C.1. NON -AD VALOREM ASSESSMENTS FOR CODE ENFORCEMENT ABATEMENT
ACTIONS 18
14.C.2. UPDATE ON COMMISSIONER SOLARI'S REQUEST FOR PLACEMENT ON THE
TREASURE COAST REGIONAL PLANNING COUNCIL'S AGENDA 19
14.D. COMMISSIONER BOB SOLARI - NONE 19
14.E. COMMISSIONER TIM ZORC 19
14.E.1. ECONOMIC DEVELOPMENT - LONG TERM STRATEGIC PLAN - DELETED 20
14.E.2. DISCUSSION ON THE INDIAN RIVER LAGOON 20
15. SPECIAL DISTRICTS AND BOARDS 21
15.A. EMERGENCY SERVICES DISTRICT - NONE 21
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 21
15.C. ENVIRONMENT CONTROL BOARD 21
15.C.1. APPROVAL OF MINUTES MEETING FEBRUARY 12, 2013 21
October 22, 2013 4
BK 144 PG 478
15.C.2. REPORT OF ACTIVITIES FOR SECOND QUARTER FY 12/13 (JANUARY THROUGH
MARCH, 2013) 21
15.C.3. REPORT OF ACTIVITIES FOR THIRD QUARTER FY 12/13 (APRIL THROUGH JUNE,
2013) 22
16. ADJOURNMENT 22
October 22, 2013 5
BK 144 PG 479
JEFFREY R. SMITH
Clerk to the Board and Comptroller
October 22, 2013
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, October 22, 2013. Present were Chairman Joseph E. Flescher, Vice Chairman Wesley
S. Davis, and Commissioners Peter D. O'Bryan, Bob Solari, and Tim Zorc. Also present were
County Administrator Joseph A. Baird, County Attorney Dylan Reingold, and Deputy Clerk
Maria I. Suesz.
1. CALL TO ORDER
Chairman Flescher called the meeting to order at 9:00 a.m.
2. INVOCATION
Vice Chairman Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Tim Zorc led the Pledge of Allegiance to the Flag.
October 22, 2013 1
BKI44PG480
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Delete Item 5.D. - Presentation by Helene Caseltine, Economic Development
Director, Indian River County Chamber of Commerce on Website
Launched to Attract Business
Delete Item 14.E.1. - Economic Development — Long Term Strategic Plan
Add Comments - By Commissioner Zorc prior to Item 5.A.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Davis, the Board unanimously approved the Agenda, as
amended.
Commissioner Zorc, on behalf of his mother, Arlene, and his brother and sister, thanked the
community for their outpouring of support in the passing of Richard Zorc.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. Presentation of Proclamation Celebrating the Garden
Club of Indian River County 85THAnniversary
Vice Chairman Davis read and presented the Proclamation to Renae Senn, President of
the Garden Club.
S.B. Presentation by Wanda Scott, Gifford Business Alliance
Association, Recognizing Women in Law Enforcement -
Rescheduled
BK 144 PG48I
October 22, 2013 2
Wanda Scott, Business Alliance Association, did not appear, and someone in the
audience spoke in Wanda's behalf that she wanted this item rescheduled.
S.C. Presentation by Crustal Bujol on Gifford Youth Orchestra
Crystal Bujol, Gifford Youth Orchestra, used a PowerPoint presentation (on file) to
display photos of the Gifford Youth Orchestra and invited the Commissioners to attend the
Gifford Youth Orchestra's 10th Anniversary at the Emerson Center, at 2:00 p.m. on November 2,
2013, at an investment of $50 per couple.
S.D. Presentation by Helene Caseltine, Economic Development
Director, Indian River County Chamber of Commerce on
Website Launched to Attract Business - Deleted
6. APPROVAL OF MINUTES
6.A. Preliminary Budget Hearing. of September 11, 2013
6.B. Meeting- of September 17, 2013
The Chairman asked if there were any corrections or additions to the minutes. There
were none.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Flescher, the Board unanimously approved the minutes
of the Preliminary Budget Hearing of September 11, 2013, and the
regular meeting of September 17, 2013, as written.
October 22, 2013
3 BKI44PG482
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE
8. CONSENT AGENDA
Items 8.G. and 8.M. were pulled for discussion
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the Consent
Agenda, as amended.
8. A. Approval of Warrants — October 4, 2013 to October 10,
2013
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the list of
Warrants and Wires issued by the Comptroller's Office for the
time period of October 4, 2013 to October 10, 2013, as requested
in the memorandum of October 10, 2013.
8.B. Resolutions Cancelling Taxes on Properties Purchased by
Indian River County for Rij'ht-of-Wav
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved: (1)
Resolution 2013-111, Cancelling Certain Taxes upon publicly
owned lands, pursuant to section 196.28, Florida Statutes (Right-
of-way for CR 510 purchased from 510, LLC); (2) Resolution
2013-112, Cancelling Certain Taxes upon publicly owned lands,
October 22, 2013
4 BK 144 PG 483
pursuant to section 196.28, Florida Statutes (Right-of-way for 26th
Street purchased from Bamaric of VB, LLC, a Florida Limited
Liability Company); (3) Resolution 2013-113 Cancelling Certain
Taxes upon publicly owned lands, pursuant to section 196.28,
Florida Statutes (Right-of-way for 26th Street purchased from
William and Sandra Langdon); (4) Resolution 2013-114
Cancelling Certain Taxes upon publicly owned lands, pursuant to
section 196.28, Florida Statutes (Right-of-way for 33'd Street from
the Estate of Helen M. Glenn, deceased); (5) Resolution 2013-115
Cancelling Certain Taxes upon publicly owned lands, pursuant to
section 196.28, Florida Statutes (Right-of-way for CR 510
purchased from St. Sebastian Conference of St. Vincent De Paul
Society, Inc.)
8.C. Approval of Bid Award for IRC Bid No. 2014013 Annual
Bid for Sulfuric Acid
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously: 1) approved to award
Shrieve Chemical Company of the Woodlands, TX, as the lowest
responsive and responsible bidder meeting the specifications as set
forth in the Invitation to Bid; 2) authorized the Purchasing Division
to issue blanket purchase orders for the period of October 22, 2013
through September 30, 2014 to the recommended bidder; and 3)
authorized the Purchasing Manager to renew this bid for two (2)
additional one (1) year periods subject to satisfactory performance,
vendor acceptance„ and the determination that renewal of this
annual bid is in the best interest of the Indian River County, as
requested in the memorandum of October 11, 2013.
October 22, 2013 5
BK 144 PG 484
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. Consideration of Revised Federal Highway Administration
Urban Boundary and Roadway Functional Classification
Map
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the Urban
Boundary and Federal Functional Classification map, as
recommended in the memorandum of October 14, 2013.
8.E. F.D.O.T. (Florida Department of Transportation) Small
County Outreach Program (SCOP) Agreement —
Amendment No. 1 and Resolution Authorizing the
Chairman's Signature Construction (Reconstruction) of
CR512 Eastbound Lanes Only from Roseland Road to Easy
Street FM No. 42752-1-58-01 IRC Project No. 1132
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously: 1) approved
Resolution 2013-116, authorizing the Chairman's execution of a
Florida Department of Transportation (F.D.O.T.) Small County
Outreach Program (SCOP) Amendment No. 1, for the construction
(reconstruction) of CR512 eastbound lanes from Roseland Road to
Easy Street.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
BK 144 PG 485
October 22, 2013 6
8.F. Work Order No. 3 Coastal Planning and Engineering, Inc.
Indian River County Beach Preservation Plan — 2014
Update
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute Work Order No. 3 in the
amount of $199,953 to the contract with Coastal Planning and
Engineering Inc., a CB&I company, on behalf of the County, as
recommended in the memorandum of October 14, 2013.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. Approval of Bid Award for IRC Bid No. 2013048 Annual
Bid for Lawn Maintenance and Pressure Cleaning
(Clerk's note: It was announced at this time that Wanda Scott (Item 5.B.) would not be
attending the meeting today. She requested her item be rescheduled to the next Board meeting.)
Bob Johnson, Coral Wind Subdivision, wanted the Board to discuss what process the
Board used to place this item on the Consent Agenda.
In discussion, the Commissioners expressed their concerns regarding the lack of services
in the submitted bids, and stated that this was a perfect opportunity to discuss with staff ways to
improve management or enhance their services, and at the same time lower costs.
MOTION WAS MADE by Vice Chairman Davis, SECONDED by
Chairman Flescher, to deny staff's recommendation.
October 22, 2013 7
BK 144PG486
In discussion, following the motion, the Board discussed the additional services that the
current employees perform, and the desire to move forward without privatizing this service.
Administrator Baird did not have a problem with the Board rejecting the bid.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously denied all bids for
Lawn Maintenance and Pressure Cleaning of the County Facilities.
8.H. Ratification of Change Order to Purchase Order 68362 —
Sandridge Golf Course, Lakes #2 Course Drainage Repairs
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved to ratify the
Change Order made to Purchase Order #68362, as recommended
in the memorandum dated October 14, 2013.
8.1. Right -of -Way Acquisition: 5250, 5300, and 5290 85th Street,
Sebastian, Fl, Seller: 510 Industrial Park, Inc.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the purchase
from 510 Industrial Park. Inc., the right-of-way (6,072 square feet)
and drainage easement (3,846 square feet) at a price of $32,719.46
plus fees of $3,271.95 totaling $36,991.41 and authorized the
Chairman to sign the Purchase and Sale Agreement, as
recommended in the memorandum of September 30, 2013.
BK 144 PG 487
October 22, 2013 8
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.J. Approval of Amendment No. 1 to DEP Aj'reement No.
G0353 for the PC South Nutrient Recovery Facility
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute the Department of
Environmental Protection (DEP) Amendment No. 1 to DEP
Agreement No. G0353 on behalf of the County, as recommended
in the memorandum dated October 14, 2013.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. Rij'ht-of-Wav Acquisition, 5170/5182 85tIi Street, Sebastian,
F132958, Seller: Jada W. Plante
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the purchase
of right-of-way located at 5170/5182 85th Street, from Jada W.
Plante in the amount of $571,677 inclusive of all fees and costs,
and authorized the Chairman to sign the Purchase and Sale
Agreement, as recommended in the memorandum dated September
30, 2013.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
October 22, 2013 9
BK 144 PG 488
8.L. Award of RFP No. 2013022 for Administration, BCC Office
and Mailroom Copier Replacement
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously: 1) approved to award
Copytronics Information Systems, Inc., as the most responsive and
responsible respondent meeting the specifications as set forth in
the RFP; 2) approved the sample agreement, and authorized the
County Administrator to execute said agreement when required
certificate of insurance has been received and approved by Risk
Management and the County Attorney has approved the agreement
as to form and legal sufficiency; and 3) authorized the County
Administrator to execute agreements for similar equipment and
services from any of the three firms which participated in the test
period, as recommended in the memorandum of Octoberl4, 2013.
8.M. Award of Bid No. 2014003 Historic Dodgertown (fka Vero
Beach Sports Village) Room Renovations IRC Project No
1341
Commissioner Solari noted that he has historically opposed this Item.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Flescher, by a 4-1 vote (Commissioner Solari opposed),
the Board: 1) approved the Project be awarded to OAC Action
Construction, Corp. in the amount of $567,365.71, with approval
of Change Order No. 1, as the lowest and most responsive bidder;
2) approved the direct purchase of miscellaneous items for
BK 144 PG 489
October 22, 2013 10
$32,634.29; and 3) approved the sample agreement and authorized
the Chairman to execute said agreement after receipt and approval
of the required Public Construction Bond and certificate of
insurance, and after the County Attorney has approved the
agreement as to form and legal sufficiency, all as recommended in
the memorandum of October 9, 2013.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.N. Request for Board Approval of a Grant Award Axreement
with the State Division of Historical Resources for Design
and Permitting of Restoration of the Archie Smith Fish
House
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the Grant
Award Agreement with the State Division of Historical Resources
for Design and Permitting of Restoration of the Archie Smith Fish
House, and authorized the County Administrator to sign the
Agreement on the behalf of the County, as recommended in the
memorandum of Octoberl5, 2013.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING
October 22, 2013 11
BK 144 PG 490
10.A.1. Electronic Nicotine Delivery Devices (Electronic Cijarettes
or E -Cigarettes) Ordinance (Legislative)
County Attorney Dylan Reingold stated the purpose of this item was to amend the
Ordinance to include as a tobacco product, electronic or e -cigarettes, and the definition of
electronic nicotine delivery device; also, to clearly prohibit any electronic nicotine delivery
devices from being provided to minors.
In discussion, several Commissioners expressed their understanding that the intent of this
Ordinance was to make sure that these items are not available on sale counters for dispensing to
minors. However, it was not their intention to add additional duties to Code Enforcement.
The Chairman opened the Public Hearing.
Dr. Barry Hummel, Jr., agreed with the Board on their intent not to give Code
Enforcement additional work, and he felt the Board was doing a good job keeping the e -
cigarettes out of the hands of minors. However, he wanted to address the issue of the Florida
Clean Indoor Air Act (FCIAA), stating that a lot of people promoting e -cigarettes will tell you
that it is not smoking; it is vaping. As a result, he stated that it is not really clear that it falls
under the FCIAA. Dr. Hummel offered to bring back a presentation regarding the FCIAA on
this subject, if it was the pleasure of the Board.
There were no other speakers, and the Chairman closed the Public Hearing.
MOTION WAS MADE by Commissioner Solari, SECONDED by
Vice Chairman Davis, to adopt the Ordinance, amended to strike
Section 313.04, the Selling and Merchandising of Tobacco
Products to Persons Under 18 Years of Age.
October 22, 2013 12
BK 144 PG 491
In discussion, following the Motion, Commissioner O'Bryan inquired if the Motion
included the definition of electronic nicotine delivery devices, and upon clarification from
Attorney Reingold, the Motion was amended.
MOTION WAS AMENDED by Commissioner Solari,
SECONDED by Commissioner O'Bryan, to add the State
definition of electronic nicotine delivery devices.
The Chairman CALLED THE QUESTION, and the Motion, as
amended, carried unanimously. The Board adopted Ordinance
2013-016, as amended, to eliminate Section 313.04, the Selling and
Merchandising of Tobacco Products to Persons Under 18 Years of
Age, and adding the Florida Statutes definition of electronic
nicotine delivery devices.
Further discussion ensued by the Commissioners regarding the regulation of e -cigarettes
in regards to smoking in public places, and the Florida Clean Indoor Air Act.
10.B. PUBLIC DISCUSSION ITEMS - NONE
10. C. PUBLIC NOTICE ITEMS
10.C.1.A. NOTICE OF SCHEDULE PUBLIC HEARING NOVEMBER 5, 2013 GRAND
HARBOR NORTH AND OTHERS' REQUEST TO APPROVE A SMALL SCALE LAND USE
MAP AMENDMENT TO REDESIGNATE +1.79 ACRES FROM L-1 TO C/I AND
SIMULTANEOUSLY REDESIGNATE ±1.79 ACRES FROM C/I TO L-1; AND REQUEST TO
REZONE +439.01 ACRES FROM PD TO RS -3, RM -3, CG, AND CON 2
(QUASI-JUDICIAL AND LEGISLATIVE)
October 22, 2013 13
BK 144 PG 1492
10.C.1.B. CARTER ASSOCIATES, INC.'S REQUEST FOR PLANNED DEVELOPMENT
(PD) SPECIAL EXCEPTION USE AND PRELIMINARY PD PLAN/PLAT APPROVAL FOR A
PROJECT TO BE KNOWN AS THE RESERVE AT GRAND HARBOR (QUASI-JUDICIAL)
The County Attorney read the Notices into the record.
11. COUNTY ADMINISTRATOR MATTERS
11.A. Request for Executive Session — October 22, 2013, Time
Certain of 10:30 A.M.
Clerk's note: The Chairman proceeded to the next agenda item prior to the time certain of 10:30
a.m., and at 10:30 a.m. this Item was heard following Item 15.C. and is placed here for
continuity.
The Chairman read into the record the Executive Session scheduled for 10:30 a.m. It was
estimated that the session would last fifteen minutes to one and a half hours. Present were
Chairman Joseph E. Flescher, Vice Chairman Wesley S. Davis, Commissioner Peter D. O'Bryan,
Commissioner Bob Solari, and Commissioner Tim Zorc; also present were members of the
Bargaining Committee: Colleen Peterson, Human Resources Manager; Mike Zito, Assistant
County Administrator; Jason Brown, Director, Management and Budget; and John King,
Emergency Services Director; as well as the County Administrator, Joseph A. Baird. The Board
reconvened in the Chambers at 12:11 p.m.
12. DEPARTMENTAL MATTERS
12.A. Community Development
October 22, 2013 14
BK 144 PG 493
12.A.1. Condemnation, Demolition and Removal of Unsafe
Structures
Scott McAdam, County Building Official, presented this item to the Board using a
PowerPoint presentation (on file).
On the request of Vice Chairman Davis he asked how aggressive the Board wanted to be
on liens that may eventually be foreclosed on.
Commissioner O'Bryan stated that although these properties do not have a mortgage,
there are plenty that do, and he proposed that instead of a lien, they would declare an annual
assessment on the properties that would be added to their tax bill.
Commissioner Zorc recalled a case where a site had been declared unsafe and
demolished, and afterwards became a jungle, creating a Code Enforcement issue.
Vice Chairman Davis agreed, and said that this was something he would like the Board to
consider in the future.
Chairman Flescher commented that the buildings should not become public safety issues;
he felt that by the time they get to this point they are ready for demolition.
MOTION WAS MADE by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, to declare the property owned by Jessie
Lewis, at 12936 100th Lane; and the property owned by Cynthia L.
Stamps, at 12930 100th Place, unsafe and a nuisance, and in
addition, to authorize the approval of the Resolution.
Discussion ensued.
October 22, 2013 15
BK 144 PG 494
The Chairman CALLED THE QUESTION and the MOTION
carried unanimously. The Board approved Resolution 2013-117
providing for the demolition of unsafe structures and the recovery
of costs. (Jessie Lewis property - 12936 100th Lane; and Cynthia L.
Stamps property - 12930 100th Place)
12.B. Emergency Services - None
12. C. General Services - None
12.D. Human Resources - None
12.E. Human Services - None
12.F. Leisure Services - None
12. G. Office of Management and Budget - None
12.H. Recreation - None
12.1. Public Works
12.1.1. Telephone System Upgrade — Proposal for NEC Private
Branch Exchange (PBX) Systems Upgrade and Approval of
NEC Corporation of America (NEC) as Sole Source
Provider
October 22, 2013 16
BK 144 PG 495
ON MOTION by Commissioner Solari, SECONDED by Chairman
Flescher, the Board unanimously approved to move forward with
the new Private Branch Exchange (PBX) telephone systems
upgrades for the County Administration site and County EOC site
(Emergency Operations Center at 43'd Avenue Complex) and
approved NEC Corporation of America as the sole source
organization to upgrade these two PBX telephone systems, as
recommended in the memorandum dated October 14, 2013..
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J. Utilities Services - None
13. COUNTY ATTORNEY MATTERS
13.A. Intervention in Pendinj' Administrative Hearing Cases
Against the Florida Department of Juvenile Justice
Assistant County Attorney Kate Cotner advised the Board that on July 17, 2012,
the Division of Administrative Hearing (DOAH) issued a recommended order, based on a Rule
Challenge filed by Okaloosa and Nassau Counties, finding that the Department of Juvenile
Justice exceeded its rulemaking authority, resulting in the process for calculating the shared costs
of counties associated with the States' Juvenile Detention Centers for the years 2008 through
2012 to be invalid and not consistent with the Florida Statutes. She advised that it was too late
for Indian River County to intervene in the 2008-2009 case, but there are three pending
administrative hearing cases against the State of Florida for the years 2009-2010, 2010-2011 and
2011-2012, and the County Attorney's office felt it was important to intervene in order to
preserve any rights that Indian River has to possibly recoup approximately $790,000.
October 22, 2013 17
BK 144 PG 496
ON MOTION by Commissioner Solari, SECONDED by Chairman
Flescher, the Board unanimously approved to intervene in the three
pending administrative cases (2009-2010, 2010-2011, 2011-2012),
thereby preserving our County's right to have their actual costs
recalculated, as recommended in the memorandum of October 15,
2013.
14. COMMISSIONER ITEMS
14.A. Commissioner Joseph E. Flescher, Chairman - None
14.B. Commissioner Wesley S. Davis, Vice Chairman - None
14. C. Commissioner Peter D. O'Bryan
14.C.1. Non Ad Valorem Assessments for Code Enforcement
Abatement Actions
MOTION WAS MADE by Commissioner O'Bryan, SECONDED
by Commissioner Solari, to direct the County Attorney to research
and bring back to the Board a report on the feasibility of using a
non -ad valorem special assessment for code enforcement
abatement actions.
Following the motion, there was a lengthy discussion regarding the processing of liens,
tax deed sales, and non -ad valorem assessments.
Vice Chairman Davis cautioned the Board about making policy based on extreme
conditions that would be permanent going forward.
October 22, 2013 18
BK 144 PG 497
Commissioner O'Bryan was concerned about how the County can clean up a
neighborhood, and ensure that County taxpayers gets reimbursed.
Commissioner Solari wanted time to review this and obtain input from the County
Attorney.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously.
14.C.2. Update on Commissioner Solari's Request for Placement
on the Treasure Coast Regional Planning Council's
Agenda
Clerk's note: This Item was heard following Item 15. C.3., and is placed here for continuity.
Commissioner O'Bryan reported that as Chair of the Treasure Coast Regional Planning
Council (TCRPC) he was directed to ask that Commissioner Solari be added to the next meeting
agenda of the TCRPC; he confirmed that Commissioner Solari's item will be the first item
following all voting matters; and backup material needs to be submitted to the Council by
November 3rd
The Chairman called for a recess at 10:25 a.m. and reconvened the meeting at
10:30 a.m. with all members present, starting with Item 11.A.
14.D. Commissioner Bob Solari — None
14.E. Commissioner Tim Zorc
October 22, 2013 19
BK 144 PG 498
14.E.1. Economic Development — Long Term Strategic Plan -
Deleted
14.E.2. Discussion on the Indian River Lagoon
Commissioner Zorc wanted the Board to think about projects that may surface that are
beneficial to the recovery, and healthful to the lagoon, that may require some local match funds
to obtain a grant, and he made the following motion.
MOTION WAS MADE by Commissioner Zorc, SECONDED by
Commissioner Solari, to direct the County Attorney to explore and
identify the timelines and requirements to have a Referendum
placed on the 2014 ballot, as a funding source for projects coming
before them in the future.
Commissioner Solari supported the motion and mentioned that there is $20 million
dollars currently in the General Fund, which is in excess of what our policy calls for there to be
in reserve, and as an alternative to the Referendum, the Board may suggest to the County
Administrator to not spend that amount in order to leave some flexibility to move forward with
Lagoon projects.
Vice Chairman Davis thought this may be a way to obtain the public's opinion to move
forward with a countywide sewer system. He supported the motion, to move forward, but he
was worried about the projects costing tens of thousands of dollars.
Commissioner O'Bryan cautioned the Board on the importance of having a detailed plan
of action, and knowing how they would utilize the funds.
Commissioner Zorc wanted to establish a committee.
BK 144 PG 499
October 22, 2013 20
Commissioner O'Bryan reiterated his caution to the Board that they approve a clear plan
of action.
Chairman Flescher pointed out that this was only a discussion.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously.
Commissioner Zorc announced that December 12, 2013 was a working group day, open
to the public, with the STIRLEN (Save the Indian River Lagoon Estuary Now) Group who will
be working on some Lagoon issues.
15. SPECIAL DISTRICTS AND BOARDS
15.A. Emergency Services District - None
15.B. Solid Waste Disposal District - None
15. C. Environment Control Board
The Board reconvened as the Board of Commission of Environmental Control Board and
those minutes are prepared separately.
15.C. 1. Approval of Minutes — Meetinj February 12, 2013
15. C.2. Report of Activities for Second Quarter FY 12/13 (January
through March, 2013)
October 22, 2013 21
BK 144 PG 500
15. C.3. Report of Activities for Third Quarter FY 12/13 (April
through June, 2013)
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the Board of County Commission
meeting adjourned at 12:48 p.m.
ATTEST:
J- fre, S�'ni
of Circuit Court & Comptroller
Minutes Approved: NOV 1 9 2013
BCC/MIS/2013Minutes
seph E. Flescher, Chairman
BKI44PG501
October 22, 2013 22
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